Terms Of Service

1. Eligibility. diamondringsource.com is a service that allows members to bid on and purchase products through auctions and make offer sessions held by Chat Offers™. No one under the age of 18 may use this website. If you are under 18, do not register. By registering as a user ("User") of the diamondringsource.com site ("Site"), you agree to be bound by these terms of use. This Agreement sets out the legally binding terms for your membership, and failure to comply will result in immediate termination of your membership. This agreement may be modified without notice. If you wish to be updated as to the current terms of service, you must return to this page to read them.  

 

Usernames with profanity in them are not allowed. Access to diamondringsource.com is free, but is subject to restrictions of this agreement and can be terminated by the Chat Offers™ for any reason at any time.

 

Please note that on credit card statements and other forms of billing, the charge for items you have won on this site will appear to be billed to Chat Offers™.  The Chat Offers™auction, offer, inventory and payment platform is syndicated throughout all sites owned by Chat Offers™  This also applies to registration.  It is only necessary to register once to any site with the Chat Offers™logo to have access to all sites connected by Chat Offers™.  User data, including but not limited to username and password, is available from any site that has the Chat Offers™ logo.

 

diamondringsource.com and Chat Offers™ are trademarks owned by Chat Offers™.   Any instance of diamondringsource.com in this agreement also refers to Chat Offers™ , the company that owns the site.


2. Term. This agreement will remain in effect for as long as you use the site and/or remain a member of diamondringsource.com. You may terminate your membership at any time by simply using the Cancel Button on the My Account page to terminate your membership.  You can also do so by notifying the Site at the following via the support form in the My Account page.   diamondringsource.com may terminate your membership at any time for any reason, upon written notice to the email address you provided when registering.


3. Intellectual and Property Rights. All content contained on the Site is copyrighted material and all rights are reserved by Chat Offers™  Users cannot copy, modify, publish, transmit, distribute, perform, display, or sell any information provided by the Site.

4. No Reserve Auctions. The items offered in our No Reserve Auctions are sold on a strictly "as is" basis. Items that are new may sometimes include a manufacturer's warranty. If a manufacturer's warranty is applicable, and it becomes necessary to use it, you must contact the manufacturer directly.

 

diamondringsource.com is not responsible for Manufacturer's failure to honor its warranty. In most cases diamondringsource.com will accept a return on damaged items for 100% refund within the return window. The exception is loss or damage that occurs with misuse or obvious breakage. In cases where the item is damaged in shipping, an insurance claim will become necessary.  Users must cooperate with any claim procedures. In these cases, diamondringsource.com handles the claim and refunds on insurance claims average about two weeks to receive.

 

All item descriptions and photos are thought to be accurate, but are not guaranteed. In cases, where a description or photo is inaccurate, the customer shall be entitled to a full refund upon return of the item, including shipping charges.   diamondringsource.com is not required to send an item to the customer that the customer won through auction when the physical item does not match the description.   In such cases, the sale is null and void and diamondringsource.com shall refund the amount paid by the customer for the item to the customer.

 

In no event shall diamondringsource.com assume any liability for the item that is beyond the amount paid by the customer to diamondringsource.com.   diamondringsource.com does not provide substitute items when there is a problem with the item matching description.  Return Merchandise Authorization (RMA) number is required for all returns, so call to make arrangements before sending items back. We also highly recommend sending items individually, insured, with signature required for proof of delivery as we are not responsible for lost or stolen items.   diamondringsource.com does not pay for return shipping. All items must be returned within 15 days of issue of RMA or no refund is due.

 

In order to save money on handling costs that would normally be passed on to the users, many items posted on the site use a stock photo or a photo that has been provided by the manufacturer instead of a photo of the individual item up for auction.

 

diamondringsource.com reserves the right to exclude any member of diamondringsource.com from any No Reserve Auctions for any reason. diamondringsource.com reserves the right to reject any bid on any item on diamondringsource.com for any reason, including but not limited to bids placed by users it suspects of fraudulent bidding. Any member of diamondringsource.com shall be excluded from future auctions for providing false or misleading information, fraudulent or deadbeat bidding activity, repeated bid retraction requests, or non-payment. diamondringsource.com reserves the right to impose first-time buyer limits on all users of diamondringsource.com.

 

While the first-time buyer limit is imposed on user, that user shall not be allowed to bid on any auctions, until the first-time buyer limit is removed. The first-time buyer limit is typically removed once the user has received and signed for a previously won item. diamondringsource.com reserves the right to impose first-time buyer limits on purchase amounts that exceed an average dollar value for new users, until such time as diamondringsource.com is able to establish that the purchases are not made through use of fraudulent credit cards.

 

Any attempt to circumvent first-time buyer limits by the user constitutes breach of diamondringsource.com's terms of service and will result in the permanent exclusion of the user from the site and it's auctions.

Payment for items must occur at the close of the auction or the item is forfeited by the bidder and subject to new auction. Please note that items paid by credit card can only be shipped to the credit card billing address or an address that is verified by the credit card issuer, no exceptions. If you need to add a verified address to your credit card, use the 800 number on the back of your credit card to make the addition. Items paid by PayPal can only be shipped to a PayPal verified address, no exceptions.

 

Use of any 3rd party software to facilitate bidding or to engage in sniping of auctions is strictly prohibited.

diamondringsource.com may make Second Chance Offers (offers to purchase at a fixed price) to bidders who didn't have the winning bid on an item, when additional inventory of that item is available. This does not change or affect the original auction item or it's terms of sale in anyway. It is the sole discretion of diamondringsource.com to set the price on Second Chance Offers and the price set is not necessarily lower than or equal to the winning bid of the original auction. Second Chance Offers may be set at a lower price than the original winning bid. Second Chance Offers are only good while supplies of that item last. Supplies of the item may run out before the offer expires. When this happens, the offer is null and void. Users who receive the offer must accept and pay for the item within 48 hours or the item is forfeited.

 

MSRP is the manufaturer's suggested retail price.  BDP is the Buy Direct Price, the asking price with no discount.  Items on this site are not offered for sale at MSRP or BDP.  Listing of Maufacturer's Suggested Retail Price (MSRP) and Buy Direct Price (BDP) are not statements of value and no value is implied by either MSRP or BDP, or any fraction thereof. Presence of a brand name does not imply or guarantee value. We make no claim to any value of items listed on this site whatsoever. In general, we do not comment on values because values are too subjective.

 

Where brand names are present:  Many brand name manufacturers for handbags, watches and jewelry have their manufacturing operations in China and other Pacific Rim countries. Watches labeled "Swiss Movement," including brand names, contain movement parts made in Switzerland but also contain casings and bands made in other countries such as China and Thailand and are assembled in other countries such as China and Thailand.

 

The items for sale on diamondringsource.com in our $1 No Reserve Auctions are made available directly to the public, and as such, no assumptions should be made as to the viability of reselling the items sold here at profit somewhere else. Resellers operate entirely at their own risk. diamondringsource.com does not guarantee reseller profits and is not responsible for lost profits and/or other expenses should a reseller fail to make a profit on an item purchased on diamondringsource.com.

 

No Reserve Auctions have a short duration and notice of these auctions may not be timely. diamondringsource.com is not responsible for time synchronization, server failure, loss of email, corrupted data, or any other reason that might prevent the user from gaining timely notice of and access to the auction. diamondringsource.com retains the right, without obligation, to immediately halt any auction, prevent or restrict access to the site or service or take any other action it deems necessary to prevent inaccuracies, technical problems, or fraud. Use of any third party software, including but not limited to security software, that causes web pages to constantly refresh are strictly prohibited and are not to be used anywhere on diamondringsource.com. diamondringsource.com is not responsible for browser compatibility or operating system compatibility with diamondringsource.com. More information on No Reserve Auctions can be found in our FAQ section.

 

Customer service hours are Monday through Friday, 8-4 pm, pacific time, not including holidays. You can contact us at 714 556-4910. We want you to have a very positive auction experience. We are happy to help you and answer any other questions you might have.

 

State Notices. Notice as to an Auction Sale in California. Auctioneer has in compliance with Title 2.95 of the California Civil Code as amended October 11, 1993 Sec. 1812.600, posted with the California Secretary of State its bonds for it and its employees and the auction is being conducted in compliance with Sec. 2338 of the Commercial Code and Sec. 535 of the Penal Code. Bond #B34232817 For further inquiries, call 1-714-556-4900.

 

5.  Offer Sessions.

 

diamondringsource.com includes features that allow users to make offers on items.  To do so, the user must initiate an offer session, which is of limited duration as indicated on the webpage.  If the user fails to agree to prices within the time given for the session, the user is unable to offer on that item for the period of time that is indicated on the website.

 

Offers on items are only fully accepted when an item is paid for, and any lapse between the time the item is won and paid for exposes that item to sale to another user.  No guarantee is made that inventory will be available again at the negotiated prices.

 

Offer sessions are conducted by Digital Deal Makers™.  Digital Deal Makers™ are not actual people, but computer algorithms programmed to simulate sales interaction as if it were conducted by a person.  The Digital Deal Makers™ are programmed to make each offer session unique, making it impossible for the user to predict the final sales price until it is agreed upon by the user and the Digital Deal Makers™.

 

Once an Offer session is complete and the user agrees to the price, payment is due immediately.  Failure to make payment within the amount of time noted on the website results in the sale being null and void.  diamondringsource.com is under no obligation to honor sale prices in the future if the customer fails to make payment within the allotted time for any reason, including but not limited to technical problems, credit card authentication problems, or any other unforeseen circumstances.

 

Sales consummated through Offer sessions are subject to the same terms and conditions as those consummated by our auctions, including all return policies.  Please also refer to all auction notices and disclaimers for full terms and information.

 

6.  Back Orders. Back order offer sessions allow the user to make offers on items not currently in inventory.  The offers are non-binding on both parties, the user and <diamondringsource.com>.  The offers merely indicate interest from both parties, the user and <diamondringsource.com>, for a possible future sale at the negotiated price.  No guarantee is made that the item will be available at the negotiated price.  If and when the item is available at the negotiated price, the user shall be notified by the email address they provided in their account registration.

 

7. Fraudulent Bidding. Bidding on an item without intent to pay the bid amount for an item is fraudulent. Fraudulent bidding is not allowed and is considered an unauthorized use of diamondringsource.com and its computer systems. Any unauthorized use of diamondringsource.com's computer systems is a violation of these terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.) and Section 502 of the California Penal Code. Such violations may subject the user and his or her agents to civil and criminal penalties. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

 

You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for diamondringsource.com to pursue legal action to enforce these terms, you will be liable to pay diamondringsource.com the following amounts as liquidated damages, which you accept as reasonable estimates of diamondringsource.com damages for the specified breaches of these Terms:

 

a. If you place bids on an item without intent to pay your bid amount for the item, your bid is fraudulent. Should your bid be the highest and therefore the winning bid, you agree to purchase the item within 4 days of the winning bid or pay diamondringsource.com $100 per bid. In cases where you have placed a high bid and the computer has auto bid your bid up against legitimate bidders, you agree to pay $100 for each instance of your bid, whether the computer places it on your behalf or not.

b. If you use multiple user accounts to circumvent First-Time Buyer limits in concert with Fraudulent bidding, you agree to pay diamondringsource.com $1000 per user account.

Otherwise, you agree to pay diamondringsource.com's actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these terms, diamondringsource.com retains the right to seek the remedy of specific performance of any term contained in these terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these terms, or any combination thereof.

 

8. Member Disputes. You are soley responsible for all interaction between yourself and other Users. diamondringsource.com reserves the right to intervene at its own discretion. Do not use this Site to threaten the safety of others. All such incidences will be reported to the appropriate law enforcement channels.

9. Privacy Policy. Use of the Site and service is governed by our privacy policy. You agree that by registering for this website, Chat Offers™ has the right to contact you via email for all matters concerning your membership in diamondringsource.com. You further agree that Chat Offers™  has your permission to contact you via email about any offers or content that Chat Offers™  publishes. Any correspondence from Chat Offers™ shall contain opt-out links which allow the User to opt out from a specific list.

10. Limitation of Liability. Except in jurisdictions where such provisions are restricted, in no event will diamondringsource.com be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit arising from your use of the Site or service. Chat Offers™ 's liability to you for any cause whatsoever will be limited to one month's membership fee if such fee was paid by member or the product purchase price and one-way shipping costs (not return shipping). Under no circumstances shall refunds exceed the amount paid by the customer for the items. All products sold through auction by Chat Offers™  are sold "as is", with no warranty by Chat Offers™.  

To see all auction terms, read the auction terms in each listing and follow the appropriate links. Further notice on returns is listed toward the bottom of this page. Chat Offers™  does not guarantee the products sold through auction as having a fitness for use and does not warrant against product defects that may cause harm or injury or death. Some products sold through auction may cause harm, injury or death if used inappropriately.

11. Disclaimers. The Site and service are provided on an "As-Is" basis. diamondringsource.com disclaims any warranty of fitness and any warranty for a particular purpose or non-infringement. diamondringsource.com makes no guarantee whatsoever about any specific results from the use of the Site or service. diamondringsource.com makes no guarantee whatsoever about the accuracy of the information listed in its directories. diamondringsource.com is not responsible for incorrect or inaccurate content posted on the Site.

diamondringsource.com assumes no responsibility for technical difficulties, including computer malfunctions, disconnects, and server failure. Under no circumstances will Chat Offers™  be responsible for any loss or damage resulting from anyone's use of the Site or the service and/or any Content posted on the Site or transmitted to diamondringsource.com Users. diamondringsource.com does not assume any responsibility or liablity for any 3rd party advertisers or any other 3rd party offer.

User agrees to indemnify and hold Chat Offers™ , its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorney's fees, for any dispute due to or arising out of your use of a 3rd party offer or advertisement or promotion.

12. Miscellaneous Disclosures. diamondringsource.com's content is updated many times throughout the month, and is archived through a database that updates itself on a daily basis, so that only auctions that are current and pending will be displayed, and this is what we mean when we say "Updated Daily," not necessarily adding new content to the database on a daily basis. In some cases, Chat Offers™  earns money from referring its users to other websites. For example, Google has an Adsense program that Chat Offers™  belongs to, which pays Chat Offers™  for clicks after users click one of the Adsense links on our site.

We recommend users research jewelry values before bidding on items in the auction. Many products sold on diamondringsource.com are imported from China or other foreign countries, and as such no guarantee is made by Chat Offers™  as to the quality or durability or safety standards of these items.

Many brand name manufacturers for handbags, watches and jewelry have their manufacturing operations in China and other Pacific Rim countries. Watches labeled "Swiss Movement," including brand names, contain movement parts made in Switzerland but also contain casings and bands made in other countries such as China and Thailand and are assembled in other countries such as China and Thailand. The testimonials that appear on diamondringsource.com have been selected to appear on the site by the staff.   Testimonials submitted through any Chat Offers™site may be posted on any Chat Offers™ site, without regard to domain name of the site.

We do not publish negative testimonials as we prefer to work on statisfying the customer through customer service instead. Chat Offers™  employees and relatives are strictly prohibited from bidding on our Auctions.Chat Offers™ , publisher of diamondringsource.com is a for profit corporation and is in business to make a profit.  

13. Disputes. You agree that all disputes arising out of or in connection with this Agreement shall be finally settled under the Rules of American Arbitration Association ("AAA") by one or more arbitrators appointed in accordance with said Rules. The place of arbitration shall be Orange County, California. The parties hereby renounce any right of recourse that they may have before the court of any jurisdiction except to obtain preliminary or injunctive relief or enforce an award of the arbitrator.

If any award rendered by an arbitrator in accordance with this arbitration clause would not be capable of being executed in the jurisdiction of a party against whom a claim for payment is made or where that party resides or carries on business, neither the award nor said arbitration clause shall bar a party hereto from taking action before the courts that have jurisdiction over such other party.

14. Indemnity. You agree to indemnify and hold Chat Offers™ , its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Site in violation of this Agreement and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above.

15. Refund Policy.

 

All items sold on diamondringsource.com are subject to 15% restocking fee, except where the item is damaged or does not match description.  Refunds on products purchased through diamondringsource.com's No Reserve Auctions must be requested and an RMA# obtained within 7 days from receipt, no exceptions. Refunds on products are only issued once the product is returned to Chat Offers™  to the following address:

 

Chat Offers™
3182 Pullman Street
Costa Mesa, CA 92626

 

The item must be received by Chat Offers™  within 14 days of issue of RMA# number or no refund will be due.  The cost of shipping the item to Chat Offers™  is to be paid by the customer. Items that are incomplete will not be refunded and will be promptly returned to the customer.